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336 / International Watercourses Law and Its Application in South Asia Appendix / 337Article 33Settlement of disputes1. In the event of a dispute between two or more Partiesconcerning the interpretation or application of the presentConvention, the Parties concerned shall, in the absence ofan applicable agreement between them, seek a settlementof the dispute by peaceful means in accordance with thefollowing provisions.2. If the Parties concerned cannot reach agreement bynegotiation requested by one of them, they may jointlyseek the good offices of, or request mediation orconciliation by, a third party, or make use, as appropriate,of any joint watercourse institutions that may have beenestablished by them or agree to submit the dispute toarbitration or to the International Court of Justice.3. Subject to the operation of paragraph 10, if after sixmonths from the time of the request for negotiationsreferred to in paragraph 2, the Parties concerned have notbeen able to settle their dispute through negotiation or anyother means referred to in paragraph 2, the dispute shall besubmitted, at the request of any of the parties to thedispute, to impartial fact-finding in accordance withparagraphs 4 to 9, unless the Parties otherwise agree.4. Fact-finding Commission shall be established, composedof one member nominated by each Party concerned and inaddition a member not having the nationality of any of theParties concerned chosen by the nominated members whoshall serve as Chairman.5. If the members nominated by the Parties are unable toagree on a Chairman within three months of the request forthe establishment of the Commission, any Party concernedmay request the Secretary-General of the United Nations toappoint the Chairman who shall not have the nationality ofany of the parties to the dispute or of any riparian State ofthe watercourse concerned. If one of the Parties fails tonominate a member within three months of the initialrequest pursuant to paragraph 3, any other Party concernedmay request the Secretary-General of the United Nations toappoint a person who shall not have the nationality of anyof the parties to the dispute or of any riparian State of thewatercourse concerned. The person so appointed shallconstitute a single-member Commission.6. The Commission shall determine its own procedure.7. The Parties concerned have the obligation to provide theCommission with such information as it may require and,on request, to permit the Commission to have access totheir respective territory and to inspect any facilities, plant,equipment, construction or natural feature relevant for thepurpose of its inquiry.8. The Commission shall adopt its report by a majority vote,unless it is a single-member Commission, and shall submitthat report to the Parties concerned setting forth its findingsand the reasons therefore and such recommendations as itdeems appropriate for an equitable solution of the dispute,which the Parties concerned shall consider in good faith.9. The expenses of the Commission shall be borne equally bythe Parties concerned10. When ratifying, accepting, approving or acceding to thepresent Convention, or at any time thereafter, a Partywhich is not a regional economic integration organizationmay declare in a written instrument submitted to theDepositary that, in respect of any dispute not resolved inaccordance with paragraph 2, it recognizes as compulsoryipso facto and without special agreement in relation to anyParty accepting the same obligation:(a) Submission of the dispute to the International Court ofJustice; and/or(b) Arbitration by an arbitral tribunal established andoperating, 'unless the parties to the dispute otherwiseagreed, in accordance with the procedure laid down inthe annex to the present Convention.
338 / International Watercourses Law and Its Application in South Asia Appendix / 339A Party which is a regional economic integration organizationmay make a declaration with like effect in relation to arbitrationin accordance with subparagraph (b).PART- VIIFINAL CLAUSESArticle 34SignatureThe present Convention shall be open for signature by all Statesand by regional economic integration organizations from 21May 1997 until 20 May 2000 at United Nations Headquartersin New York.Article 35Ratification, Acceptance, Approval or Accession1. The present Convention is subject to ratification,acceptance, approval or accession by States and byregional economic integration organizations. Theinstruments of ratification, acceptance, approval oraccession shall be deposited with the Secretary-General ofthe United Nations.2. Any regional economic integration organization whichbecomes a Party to this Convention without any of itsmember States being a Party shall be bound by all theobligations under the Convention. In the case of suchorganizations, one or more of whose member States is aParty to this Convention, the organization and its memberStates shall decide on their respective responsibilities forthe performance of their obligations under the Convention.In such cases, the organization and the member States shallnot be entitled to exercise rights under the Conventionconcurrently.3. In their instruments of ratification, acceptance, approval oraccession, the regional economic integration organizationsshall declare the extent of their competence with respect tothe matters governed by the Convention. Theseorganizations shall also inform the Secretary-General ofthe United Nations of any substantial modification in theextent of their competence.Article 36Entry into Force1. The present Convention shall enter into force on theninetieth day following the date of deposit of the thirtyfifthinstrument of ratification, acceptance, approval oraccession with the Secretary-General of the UnitedNations.2. For each State or regional economic integrationorganization that ratifies, accepts or approves theConvention or accedes thereto after the deposit of thethirty-fifth instrument of ratification, acceptance, approvalor accession, the Convention shall enter into force on theninetieth day after the deposit by such State or regionaleconomic integration organization of its instrument ofratification, acceptance, approval or accession.3. For the purposes of paragraphs 1 and 2, any instrumentdeposited by a regional economic integration organizationshall not be counted as additional those deposited by States.Article 37Authentic TextsThe original of the present Convention, of which the Arabic,Chinese, English, French, Russian and Spanish texts areequally authentic, shall be deposited with the Secretary-Generalof the United Nations.IN WITNESS WHEREOF the undersigned plenipotentiaries,being duly authorized thereto, have signed this Convention.DONE at New York, this ___________ day of one thousandnine hundred and ninety-seven.
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